RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01905

   XXXXXXXXXXXXXXXXXX		COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His place of entry (POE) change from Miami, Florida to San Antonio, Texas, and his Home of Record (HOR) change from West Palm Beach, Florida to New Braunfels, TX on his DD Form 214, Certificate of Release or Discharge from Active Duty.

APPLICANT CONTENDS THAT:

Although he went to the Military Entry Processing Stations (MEPS), before he entered the Air Force he returned to his parent’s house in New Braunfels, TX, worked with a recruiter outside Randolph AFB, TX, and entered the service from Texas.  He thought this had already been corrected, so at the time of his retirement he believed his DD Form 214 reflected Texas as his HOR.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 11 May 88.  On that date, he signed his DD Form 4, Enlistment/Reenlistment Document, establishing his HOR as West Palm Beach, FL.  

On 31 May 08, the applicant retired after serving 20 years and 20 days of total active service.

On 30 Nov 16, AFPC/DP2LT directed the applicant’s DD Form 214 be corrected to change Block 7a, Place of Entry into Active Duty, from “Miami, FL” to read “San Antonio, TX.” 

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP2LT recommends denial indicating there is no evidence of an error or an injustice.  The authority governing HOR in the DD Form 214, Block 7b, is contained in AFI 36-3202, Separation Documents, Table 4, How to Prepare DD Form 214, Rule 9 (Attachment 1).  Rule 9 states “For Regular AF airmen, the home of record shown on the latest DD Form 4-1. Verification can be obtained through HQ AFPC/DPFFCMR.  City, state, or complete address if known.”

After reviewing the member’s DD Form 4 it has been determined he did in fact enter the Air Force through the San Antonio MEPS and not the Miami MEPS.  His records have been administratively corrected to change his POE to San Antonio, TX.  However, there is no evidence in the applicant’s master personnel record nor did he provide any evidence to indicate his HOR should be changed.

A complete copy of the AFPC/DP2LT evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 17 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

FINDINGS AND CONCLUSIONS OF THE BOARD:

Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a careful review of the applicant's contentions, documentation submitted in support of the request, and the available evidence of record, we are not convinced the applicant has provided sufficient evidence for us to conclude he is the victim of an error or injustice.  We also note the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603.  While the applicant claims a date of discovery of less than three years prior to receipt of the application, we believe a reasonable date of discovery was more than three years prior to receipt of the application.  Therefore, because we do not find it would be in the interest of justice to recommend granting relief beyond that which has been administratively corrected, and the applicant has offered no plausible reason for the delay in filing the application, we cannot conclude it would be in the interest of justice to excuse the failure to timely file the application.  Accordingly, we find the application untimely.

THE BOARD DETERMINES THAT:

The application was not timely filed and it would not be in the interest of justice to waive the untimeliness.  It is the decision of the Board, therefore, to reject the application as untimely.

The following members of the Board considered AFBCMR Docket Number BC-2016-01905 in Executive Session on 20 Apr 17 under the provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXX, Panel Chair
	Ms. XXXXXXXXXXXXXXXXX, Member
	Mr. XXXXXXXXXXXXXXXX, Member

The following documentary was considered:

	Exhibit A.  DD Form 149, dated 5 May 16.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2LT, dated 30 Nov 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 11 Jan 17.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.